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  1. #1
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    Jan 2012
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    Default Terminated After Giving Two Weeks Notice. Am I Eligible for Unemployment

    My question involves labor and employment law for the state of: Washington.

    I am planning to give my employer two weeks notice (working 7 days and taking PTO for 3 days). Based on past history, there is a strong likelihood he will terminate me the day I give notice. If he does terminate me, am I eligible for unemployment?

  2. #2
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    Default Re: Terminated After Giving Two Weeks Notice. Am I Eligible for Unemployment

    Quote Quoting rottbach
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    If he does terminate me, am I eligible for unemployment?
    Assuming this precedent case from 1983 is still valid https://govt.westlaw.com/wapcd/Docum...1&t_Method=TNC, YES

  3. #3
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    Nov 2013
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    Default Re: Terminated After Giving Two Weeks Notice. Am I Eligible for Unemployment

    I don't think that is good law in 2020.

    In general, the ESA provides unemployment benefits to any unemployed person unless that person is statutorily disqualified from receiving benefits.

    - in Verizon Northwest, Inc. v. WASH. EMP. SEC. DEPT., 2008
    If a worker "voluntarily quits" her job, therefore, "she will be denied benefits unless she has `good cause' for quitting. "

    - in Pederson v. EMPLOYMENT SEC. DEPT., 2015
    —the court held that "when an employee voluntarily submits her resignation and gives notice, if the employer accepts that resignation but pays the employee for the notice period and tells the employee not to show up for the notice period, that job separation is a voluntary quit."

    - in Palmer News, Inc. v. Kansas Employment Security Bd. of Review, 1997
    It would be premature to say that OP would qualify for benefits at this point. What is the good cause? Is it that PTO was suspended (from the other thread) or did OP get a better job offer? I wouldn't think that qualifies as good cause to collect UE benefits.

  4. #4
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    Default Re: Terminated After Giving Two Weeks Notice. Am I Eligible for Unemployment

    There is, however, no downside to applying. The worst that can happen is that the OP is denied, and if that is the case he's no worse off than if he doesn't apply in the first place.

  5. #5
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    Sep 2010
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    Default Re: Terminated After Giving Two Weeks Notice. Am I Eligible for Unemployment

    I disagree with Bud. While the terms are "hypothetical" at this point, the's assume the question is that notice is given and the employer fires the employee immediately with additional pay accrued.

    Verizon revolves around an employee voluntarily entering a program. The poster here didn't voluntarily agree to the terms of their termination, they proposed terms that were summarily rejected. Further it held that the standard even if it were a voluntary termination program is who takes the final action, this certainly was the employer in this case which would have made the employee eligible by that standard.

    I'm not seeing anything related to Pederson here (nor Bud's quote applying). The person feared that they weren't going to be retained based on things peers told her on the job, so she just stopped coming.

    In Palmer, the employer paid out the two weeks notice but told the employee not to come to work. One would argue, that this was agreeing to the employee's resignation. The sense of that decision (though not the point ruled on is that if the employee hadn't been paid for the notice, that would not be a voluntary termination). That's different than my proposed strawman.

    If rottbach's, employer gave him the two weeks pay, then one could argue that was just serving out his notice and it's a voluntary quit.

  6. #6
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    Default Re: Terminated After Giving Two Weeks Notice. Am I Eligible for Unemployment

    Quote Quoting budwad
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    What is the good cause?
    The good cause would be that "quitting" is NOT misconduct. The employer that fires a claimant and causes a financial loss to the claimant has turned a "quit" into a "discharge." This concept is true in many states, and from this precedent, it's true in WA.

  7. #7
    Join Date
    Jan 2012
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    25

    Default Re: Terminated After Giving Two Weeks Notice. Am I Eligible for Unemployment

    Thank you gentlemen for the information. Some additional background (which may or not be needed): The company I work for is struggling financially due to COVID and had a first round of employee lay-offs last week. I knew the lay-offs were coming and felt I would be included, so I proactively found another job which is starting at the end of July. Surprisingly, I was not included in the the lay-offs but feel the company is likely to not survive the next 90 days (I wish the company no ill will and hope they do survive!). A such, I am voluntarily quitting to take a job with another company. I plan to give two weeks notice on July 6th. If my boss tells me to not return but pays me for the two weeks, then I would of course not file for unemployment and count my blessings. If my boss terminates me the same day and does not pay me for the two weeks, it would be a financial hardship to have no pay check for two weeks, and I would file for unemployment.

    If the latter scenario comes to pass, then my understanding from the previous posts is I should file for unemployment and expect to receive it. If any of what I have added above changes my eligibility, please let me know.

    Depending on how this plays out, I likely will reach out again regarding the correct verbiage (options) I should choose when filing for unemployment.

    Thank you again for your insight and information!!

  8. #8
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    Mar 2012
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    Default Re: Terminated After Giving Two Weeks Notice. Am I Eligible for Unemployment

    Quote Quoting rottbach
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    I proactively found another job which is starting at the end of July.
    Then don't give notice. There's plenty of posts on the internet as of late where people [I]thought[I] they had new jobs, and come the start date, it didn't happen. Unless you know that you can live off your UI (and you probably can't because the $600/wk kicker is most assuredly going away on the start date of your new job), you might be really sorry.

    It'd be great if your current employer gave you the boot, but what if they don't or they're smart enough to pay you through your last day. Quitting a job for a new one and having the new job fall through can sometimes allow for eligibility for UI, but I don't know if WA has that provision. The prudent person makes sure that they actually START their new job before calling it quits with the old. If the new job falls through any time after giving notice to the old, you can't always rescind, and trying to rescind doesn't undo the fact that you quit.

    On your first day at the new job, call your old employer and tell them you're not coming back, or better yet, schedule your 3 PTO days (if I read your story right) to cover your first three days at the new job, and then call and quit if you feel the job is secure, or if you even like it.

  9. #9
    Join Date
    Nov 2013
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    Default Re: Terminated After Giving Two Weeks Notice. Am I Eligible for Unemployment

    Quote Quoting rottbach
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    If my boss terminates me the same day and does not pay me for the two weeks, it would be a financial hardship to have no pay check for two weeks, and I would file for unemployment.
    Take chyvan's advise. To file a claim for UE benefits in all states under the present circumstances takes time. It could take weeks or months to get a claim approved.

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